The Law School Authority


Summary of TICKLE v. BARTON
Supreme Court of Appeals of West Virginia, 1956.
142 W. Va. 188, 95 S.E.2d 427

Cause of Action: Tickle (P) sues both Barton and Coleman (D’s) to recover damages for personal injuries caused by a motor vehicle.

Facts: Motor vehicle was owned by Barton and operated by Coleman.  P claims injuries were caused by D’s negligence.  D challenges validity of being served b/c P’s attorney tricked him into being at a certain place within McDowell County.

Issue: Does this court have jurisdiction over the D even though he was tricked into being served?

Rule:  “Where service of process is procured by fraud, that fact may be shown, and, if shown seasonably, the court will refuse to exercise its jurisdiction and turn the P out of court.”

Application: B/c Barton was procured by trickery, his service was found to be null and void.

Conclusion:  The Circuit Court of McDowell County does not exercise jurisdiction over the D.

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